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2 FIRs cannot be lodged for same offence: HC

Two First Information Reports (FIR) cannot be lodged against the accused at two different police stations for the same offence.

mumbai Updated: Aug 16, 2010 01:03 IST
Urvi Mahajani

Two First Information Reports (FIR) cannot be lodged against the accused at two different police stations for the same offence.

The Bombay High Court recently quashed one of the two FIRs lodged against the five accused under the Narcotics Drugs and Psychotropic Substances Act (NDPS).

Two FIRs would mean having to face a trial twice for the same offence, which is against the provisions of the Criminal Procedure Code (CrPC).

Justice A.V. Potdar of the Aurangabad bench of the high court quashed an FIR lodged with the Shanipeth police station at Jalgaon observing that it was not permissible by law.

Subhash Koli (33), Jitendra Koli (25), Jaubai Koli (60), Kesharbai Thakare (62) and Nathu Thakare (41) had approached the high court seeking the quashing of the two FIRs lodged against them for allegedly possessing a contraband.

On June 11, 2006, an FIR was registered by the Bajarpeth police station at Jalgaon under the NDPS Act against four accused as contrabands were recovered from them.

During interrogation, one of the accused, Nasir Ahmed Gulam Gaus, said they had procured the contraband from Walmiknagar in Jalgaon, which fell in the jurisdiction of Shanipeth police station.

Police officers from the Bajarpeth and Shanipeth police stations raided the premises at Walmiknagar on June 14, 2006. Police recovered brown sugar, dry ganja and wet bhang along with cash and mobile phones.

Both the police stations lodged an FIR for the recovery of the contraband.

As two FIRs were lodged against them for the same alleged offence, they approached the high court.

The high court quashed the FIR registered against them at the Shanipeth police station saying: “The five men have been accused at both police stations for the same seizure of contrabands, which is not permissible in law.”